City Council on June 13, 2017

Agenda

  1. Call to order
  2. Roll call
  3. Approval of the Agenda
  4. Consent Agenda
    1. City Council Minutes, Work and Regular Sessions, June 13, 2017
    2. Claims
    3. May Revenues
    4. Liquor License Renewal, Casey’s #2788, Class E Liquor License with Sunday Sales endorsement
    5. Liquor License Renewal, Azul Tequila, Class C Liquor License with Sunday Sales endorsement
    6. Phase I Water System Improvements Div. I Water System Improvements, Change Order Number 5, Portzen Construction, Inc., $ 20,635.00
    7. Phase I Water System Improvements Div. I Water System Improvements, Pay Application Number 8, Portzen Construction, Inc., $ 1,534,923.52
    8. North Liberty Road Improvements, Change Order Number 4, Metro Pavers, Inc., $3,036.47
    9. FY 2018 Retail Permit Application for Cigarette/Tobacco/Nicotine/Vapor for J & A Tap
    10. FY 2018 Retail Permit Application for Cigarette/Tobacco/Nicotine/Vapor for The Station LLC/Station II
    11. FY 2018 Retail Permit Application for Cigarette/Tobacco/Nicotine/Vapor for Three Brothers Liquors LLC/Johncy’s Liquor Store
    12. FY 2018 Retail Permit Application for Cigarette/Tobacco/Nicotine/Vapor for Kum & Go #507
    13. FY 2018 Retail Permit Application for Cigarette/Tobacco/Nicotine/Vapor for Walgreens #11710
    14. FY 2018 Retail Permit Application for Cigarette/Tobacco/Nicotine/Vapor for Casey’s General Store #2788, 595 N. Kansas Avenue
    15. FY 2018 Retail Permit Application for Cigarette/Tobacco/Nicotine/Vapor for Casey’s General Store #2479, 625 W. Zeller Street
    16. FY 2018 Retail Permit Application for Cigarette/Tobacco/Nicotine/Vapor for Gasby’s
    17. FY 2018 Retail Permit Application for Cigarette/Tobacco/Nicotine/Vapor for LD Express
    18. FY 2018 Retail Permit Application for Cigarette/Tobacco/Nicotine/Vapor for Fareway Stores, Inc. #993
    19. FY 2018 Retail Permit Application for Cigarette/Tobacco/Nicotine/Vapor for Smokin’ Joe’s Tobacco & Liquor Outlet #12
  5. Public Comment
  6. City Planner Report
  7. City Engineer Report
  8. City Attorney Report
  9. Assistant City Administrator Report
  10. City Administrator Report
  11. Mayor Report
  12. Colony Pumpkin Patch
    1. Public Comment
    2. Discussion and possible action regarding County Variance/Appeal and Conditional Use Requests
  13. Police Station
    1. Public Hearing on Proposal to Enter into a General Obligation Police Station Loan Agreement
    2. Resolution Number 2017-66,Resolution Taking Additional Action on Proposal to Enter into a General Obligation Loan Agreement
    3. RFP discussion
  14. Squash Bend/Alliant Energy Final Plat
    1. Resolution Number 2017-67, A Resolution approving the Stormwater Management Facility Maintenance Agreement and Easement between the City of North Liberty and Interstate Power and Light Company that establishes the terms and conditions under which stormwater management facilities will be maintained in Lot 1, Squash Bend First Addition in the City of North Liberty, Iowa
    2. Resolution Number 2017-68, A Resolution approving the Developer’s Agreement between the City of North Liberty, Centro Inc. and Interstate Power and Light Company that establishes the terms and conditions under which Squash Bend First Subdivision will be developed in the City of North Liberty, Iowa
    3. Resolution Number 2017-69, A Resolution approving the Final Plat and accepting the improvements for Squash Bend First Addition, North Liberty, Iowa
  15. Highway 965 Renaming
    1. Resolution Number 2017-71, A Resolution approving the co-naming of Highway 965 in the City limits of North Liberty to Ranshaw Way
  16. Blues and BBQ Permit
    1. Resolution Number 2017-72, A Resolution authorizing the use of Centennial Park and city equipment for North Liberty Blues and BBQ
  17. ICCSD Agreement
    1. Resolution Number 2017-73, A Resolution approving the Sanitary Sewer Easement Agreement between the Iowa City Community School District and the City of North Liberty, Johnson County, Iowa
    2. Resolution Number 2017-74, A Resolution approving the Stormwater Management Facility Maintenance Agreement and Easement between the City of North Liberty and the Iowa City Community School District that establishes the terms and conditions under which stormwater management facilities will be maintained in Liberty High School Subdivision in the City of North Liberty, Iowa
    3. Resolution Number 2017-75, A Resolution approving the Storm Sewer and Drainage Easement Agreement between the Iowa City Community School District and the City of North Liberty, Johnson County, Iowa
    4. Resolution Number 2017-76, A Resolution approving the Utility Easement Agreement between the Iowa City Community School District and the City of North Liberty, Johnson County, Iowa
    5. Resolution Number 2017-77, A Resolution approving the Water Main Easement Agreement between the Iowa City Community School District and the City of North Liberty, Johnson County, Iowa
    6. Resolution Number 2017-78, A Resolution approving the Offsite Sanitary Sewer, Storm Sewer, Water Main and Public Utility Easement Agreement between the Iowa City Community School District and the City of North Liberty, Johnson County, Iowa
  18. Arby’s Sidewalk Trail Agreement
    1. Resolution Number 2017-79, A Resolution approving the Public Sidewalk Trail Easement Agreement between Restaurant Concepts, Inc. and the City of North Liberty, Johnson County, Iowa
  19. Ranshaw House Project – 2017
    1. Discussion and possible action regarding the bid received for the Ranshaw House Project – 2017
  20. FY 2018 Capital Projects
    1. Resolution Number 2017-70, A Resolution approving the Services Agreement between the City of North Liberty and Shive-Hattery, Inc. for Penn Street Study and Preliminary Engineering
  21. Zoning Ordinance Amendment
    1. Public Hearing regarding proposed zoning ordinance amendment amending side lot line setbacks in the O/RP Zoning District
    2. First Consideration of Ordinance Number 2017-08, An Ordinance amending Chapter 169 “Zoning Code – Development Regulations” of the North Liberty Code of Ordinances to implement changes to the Bulk Regulations of the O/RP Zoning District
  22. Old Business
  23. New Business
  24. Adjournment

Minutes

Call to order
Mayor Terry Donahue called the June 13, 2017 Work and Regular Session of the North Liberty City Council to order. Councilors present: Chris Hoffman, Sarah Madsen, Annie Pollock, Jim Sayre and Brian Wayson.  Park Board members present: Matt Eckhardt, Jef Farland, Scott Stahmer, and Jeff Kellbach.

Others present: Ryan Heiar, Tracey Mulcahey, Scott Peterson, Kevin Trom, Dean Wheatley, Megan Benischek, Shelly Simpson, Brian Motley, Dave Schwartz, Ashley Kipp and other interested parties.

Joint Work Session with Park Board
Dave Schwartz, Waters Edge Aquatic Design presented the Aquatics Study.   Council discussed the report with Schwartz and the Park Board. Mayor Donahue requested that the Park Board create a recommendation plan of priorities and/or phasing for the next two to five years and bring it back to the City Council.  The Council recessed at 6:36 p.m.

At 6:42 p.m., Council moved into the Regular Session.

Approval of the Agenda
Hoffman moved, Pollock seconded to approve the agenda. The vote was all ayes.  Agenda approved.

Consent Agenda
Wayson moved, Hoffman seconded to approve the Consent Agenda including City Council Minutes from the Regular Session on May 23, 2017; the attached list of Claims; the Liquor License Renewal for Smokin’ Joes, Class E Liquor License, Class B Wine Permit, Class C Beer Permit (Carryout Beer) with Sunday Sales endorsement; the Liquor License Renewal for Kum & Go, Class E Liquor License, Class B Wine Permit, Class C Beer Permit (Carryout Beer) with Sunday Sales endorsement; the Liquor License Renewal, El Taquito, Class C Liquor License; the Liquor License Application for the Iowa Craft Beer (Blues and BBQ), Class B Beer License with Outdoor Service endorsement; Change Order #3 for the North Liberty Road Project to Metro Pavers, Inc. in the amount of $2,654.09; Pay Application #4 for the North Liberty Road Project to Metro Pavers in the amount of $98,377.55; SRF Sponsored Water Quality Project, Pay Application #9 to Metro Pavers in the amount of $275,462.46; Penn Street Project, Pay Application #2 to Streb Construction, Co., Inc. in the amount of $270,069.85; Penn Street Project, Pay Application #3 to Streb Construction, Co., Inc. in the amount of $334,425.40; Phase I Water System Improvements, Division III – Well Construction and Rehabilitation, Pay Application #6 to Gingerich Well and Pump Service, $77,035.50; and Phase II WWTP Improvements, Pay Application #21 to Tricon Construction Group in the amount of $256,519.86.  The vote was all ayes. Motion carried.

Public Comment
No public comment was offered.

City Planner Report
City Planner Wheatley reported on the use of the midday transit usage.  Council discussed the report with Wheatley.

City Engineer Report
City Engineer Trom reported on the progress on the Water Plant Project.  Highway 965, Phase 3 easements and acquisition plats are being prepared.  The next plan submittal is in July.  North Liberty Road, Phase 2 contractor is catching up on the project with the dry weather.  The Penn Street Project will be shifting construction from the south side to the north side later this week.  The project is way ahead of schedule.  The Water Storage Maintenance and Brine Project contractor will be mobilizing later this week. It will be tight and tough with two contractors working on the same site.  The SRF Sponsored Water Quality Project final site review meeting was held last week.  The contractor is working on the punch list items.   Council discussed the report with Trom.

City Attorney Report
City Attorney Peterson reported that he will wait on the fireworks discussion until the agenda item.

Assistant City Administrator Report
Assistant City Administrator Mulcahey reported that the Summer Lunch Program has served over 1,000 lunches in the first seven days. The Ranshaw House Project is on the agenda tonight. Mulcahey will be attending financial training for the COPS program in DC in September.  She was a part of a promotional video by IFA regarding the SRF Sponsored Water Quality Project.

City Administrator Report
City Administrator Heiar reported that he attended the Johnson County Supervisors meeting last week with Mayor Donahue and Kevin Trom. A resolution of support for the RISE application was requested. Heiar attended the IDOT Commission meeting this morning. He and Kelly Hayworth jointly presented on projects that have benefitted from State aid.  They thanked the board for funding and received positive feedback on the joint presentation by the two communities.  Heiar provided an update on the Fire Chief search process.

Mayor Report
Mayor Donahue reported on the CIT meeting. He met with a broadcasters group in Cedar Rapids to discuss primary issues that are facing local governments now and in the immediate future.  Donahue met with the Mayor of Iowa City and the Mayor of Coralville for general discussion. The City of Iowa City is facing a change in occupancies in single family homes due to a state code change. Iowa City has implemented a moratorium in this area to sort out the issues prior to allowing the flood of permits received to be approved.

Board and Commission Appointments
Mayor Donahue thanked appointees for their service on boards and commissions in the past term,  Josh Covert (Planning and Zoning Commission), Sue Nelson (Library Board), Barbara Beaumont (Library Board County representative), Bryon Gattas (Communications Commission), Thomas Stoeffler (Tree and Storm Water Board) and Gary McDowell (Tree & Storm Water Board).

Mayor Donahue’s appointment for Council approval include: Planning Commission appointments – Ronda Detlefsen, Adam Gebhart and Becky Keogh; Board of Adjustment appointment – Krystin Erenberger; Parks and Recreation appointments – Jami Maxson and Scott Stahmer; Tree and Stormwater Board appointments –Eric Beck, Jessica Marks and Hunter Schmitt; Library Board appointment – Jessica Beck; Communications Commission appointments – Valerie Hoffman and Jennifer Goings; and Cemetery Board appointment – Don Koss.  Madsen moved, Sayre seconded to approve Mayoral board appointments effective July 1, 2017.  The vote was all ayes. Motion carried.

Police Station Update
Heiar presented information regarding the proposed Police Station Project.  The Council consensus was to size the facility at 15,000 square feet.  The RFQ process was discussed.  Council discussed RFQ process. The consensus on conducting an RFQ was split.  The Mayor requested that Shive-Hattery provide project sheets on Police Department projects completed.

FY 18 Salary Resolution
Heiar presented information regarding the proposed salary resolution.  Hoffman moved, Madsen seconded to approve Resolution Number 2017-57, A Resolution authorizing salaries and hourly wages for City employees for the Fiscal Year of July 1, 2017 through June 30, 2018.  The vote was: ayes – Wayson, Pollock, Madsen, Hoffman, Sayre; nays – none. Motion carried.

Mickelson First Addition
Sayre moved, Hoffman seconded to approve Resolution Number 2017-58, A Resolution approving the Developer’s Agreement between the City of North Liberty and Hodge Construction Company that establishes the terms and conditions under which Mickelson First Addition will be developed in the City of North Liberty, Iowa.  After discussion, the vote was: ayes – Pollock, Hoffman, Wayson, Sayre, Madsen; nays – none. Motion carried.

Ranshaw House Project – 2017
Mulcahey presented information regarding the Ranshaw House Project. At 7:28 p.m., Mayor Donahue opened the public hearing regarding proposed plans, specifications, form of contract and estimate of cost for the Ranshaw House Project – 2017.  No oral or written comments were received.  The public hearing was closed.

Hoffman moved, Wayson seconded to approve Resolution Number 2017-59, A Resolution finally approving and confirming plans, specifications, form of contract and estimate of cost for the Ranshaw House Project – 2017.  After discussion, the vote was: ayes – Hoffman, Wayson, Pollock, Madsen; nays – Sayre. Motion carried.

Forevergreen Road Improvements
At 7:29 p.m., Mayor Donahue opened the public hearing regarding the Forevergreen Road Improvements Project. No oral or written comments were received. The public hearing was closed.

Pollock moved, Madsen seconded to approve Resolution Number 2017-60, A Resolution finally approving and confirming plans, specifications, and estimate of cost for the Forevergreen Road Improvements Project.  The vote was: ayes- Sayre, Pollock, Wayson, Madsen, Hoffman; nays – none. Motion carried.

Backflow Prevention
Sayre moved, Pollock seconded to approve Resolution Number 2017-61, A Resolution correcting Section Number for Ordinance Number 2017-03.  The vote was: ayes – Sayre, Madsen, Pollock, Hoffman, Wayson; nays – none. Motion carried.

Hoffman moved, Madsen seconded to approve Resolution Number 2017-62, A Resolution establishing Backflow Prevention Annual Certification Report Fees. The vote was: ayes – Sayre, Madsen, Hoffman, Wayson, Pollock; nays – none. Motion carried.

RISE Application
Heiar presented information regarding the RISE resolution of support. Hoffman moved, Sayre seconded to approve Resolution Number 2017-63, A Resolution authorizing the submittal of an application to the Iowa Department of Transportation for funding through the Revitalize Iowa’s Sound Economy (RISE) Program.  The vote was: ayes – Madsen, Hoffman, Pollock, Sayre, Wayson; nays – none. Motion carried.

Fireworks
Peterson presented information regarding the proposed fireworks moratorium and provided an update relating to fireworks. Council discussed the proposed resolution and the termination date. Peterson stated that if council wants to include an end date, he would recommend August 15.  Hoffman moved, Pollock seconded to approve Resolution Number 2017-64, A Resolution establishing a temporary moratorium on the sale of fireworks in North Liberty.  Hoffman moved to amend the motion to include the end date of August 15, Pollock seconded. After discussion, the vote was: ayes – Hoffman, Madsen, Wayson, Pollock, Sayre; nays – none. Motion carried.

Reimbursement Resolution
Heiar presented information regarding the reimbursement resolution.  Hoffman moved, Wayson seconded to approve Resolution Number 2017-65, A Resolution relating to the financing of certain proposed projects to be undertaken by the City of North Liberty, Iowa; establishing compliance with reimbursement bond regulations under the Internal Revenue Code.  The vote was: ayes – Pollock, Sayre, Wayson, Madsen, Hoffman; nays – none. Motion carried.

Water Rate Ordinance
Pollock moved, Sayre seconded to approve the third consideration and adoption of Ordinance Number 2017-06, An Ordinance amending Chapter 92.02, entitled “Rates for Service,” of the Municipal Code of North Liberty by adopting a new Section 92.02 to increase the charges for water used.  The vote was: ayes – Wayson, Pollock, Madsen, Sayre, Hoffman; nays – none. Motion carried.

Sewer Rate
Wayson moved, Sayre seconded to approve the third consideration and adoption of Ordinance Number 2017-07, An Ordinance amending Chapter 99.02 entitled, “Rate,” of the Municipal Code of North Liberty by adopting a new Section 99.02 to increase the charges for sanitary sewer services.  The vote was: ayes – Pollock, Madsen, Sayre, Wayson, Hoffman; nays – none. Motion carried.

Old Business
Councilor Pollock reminded all that the 2017 Community Satisfaction Survey is due by June 19. Wheatley advised that a joint meeting with the Planning Commission will be scheduled soon. The two groups will be reviewing the land use plan and the park plan and how they overlay.  Councilor Sayre asked about an upcoming  council training session.  Sayre asked for additional information  on the Fire Department spike in EMS calls.

New Business
No new business was offered.

Adjournment
Mayor Donahue adjourned the meeting at 7:49 p.m.

Videos

Attachments

2017-06-13-00-complete-City-Council-packet.pdf
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